(Cap 556, section 34)* [30 June 2000] G.N. 3903 of 2000 (13 of 2000) _________________________________________________________________________________ Note: * This Bylaw was made under section 25 of the repealed Mass Transit Railway Corporation Ordinance (Cap 270). See section 64 of and Schedule 4 to the Mass Transit Railway Ordinance (Cap 556). Cap 556D s 1 Interpretation PART I PRELIMINARY In this Bylaw, unless the context otherwise requires- "authorized person" (获授权人) means a person authorized by the Corporation to act on behalf of the Corporation for the purposes of this Bylaw; "bus stop" (巴士站) means an area of road designated as a bus stop within which a franchised bus may be parked or stop to pick up or set down passengers; "car park" (停车场) means such part or parts of a transport interchange set aside and designated by the Corporation containing parking spaces for the purpose of parking vehicles in accordance with section 11; "carriageway" (车路) has the same meaning as in the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.); "central reservation" (中央分道带) has the same meaning as in the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.); "crossing" (过路处、行人线) has the same meaning as in the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.); "conditions of issue" (发出条件) means the conditions of issue of any ticket, pass or permit for use of any car park or parking space, for driving into or within a prohibited zone or for picking-up or setting-down passengers or for loading or unloading luggage or goods within a restricted zone published from time to time by or on behalf of or with the acknowledgement or consent of the Corporation and posted at the car park, parking space, restricted zone, prohibited zone or the relevant part thereof; "contravention" (违例事项) means a contravention of any of the sections as listed out in Part II of Schedule 2; "driver" (司机), in relation to a vehicle, means any person who is in charge of or assisting in the control of it; "fixed penalty" (定额罚款) means the penalty prescribed by section 37; "franchised bus" (专利巴士) means a bus in respect of which a franchise is in force under the Public Bus Services Ordinance (Cap 230); "grantee" (专营公司) has the same meaning as in the Public Bus Services Ordinance (Cap 230); "light signal" (管制灯号) means an illuminated signal to control vehicular traffic or pedestrians, including the yellow globe prescribed in Schedule 4 to the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.); "light signal crossing" (管制灯号控制的过路处) has the same meaning as in the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.); "motor vehicle" (汽车) has the same meaning as in the Road Traffic Ordinance (Cap 374); "owner" (车主) includes the person in whose name a vehicle is registered and the person by whom the vehicle is kept and used and, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that agreement; "parking" (泊车、停泊) has the same meaning as in the Road Traffic (Parking) Regulations (Cap 374 sub. leg.); "parking space" (泊车位) means a space designated by the Corporation by prescribed traffic signs or prescribed road markings within a transport interchange for the parking of a vehicle; "pass" (通行证) means a pass issued by the Corporation or other person authorized by the Corporation in that behalf for the purpose of authorizing parking of a vehicle at a parking space; "pedestrian refuge" (行人安全岛) has the same meaning as in the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.); "permit" (许可证) means a permit or an authorization issued by the Corporation or other person authorized by the Corporation in that behalf to enable a vehicle to pick up or set down passengers or to load or unload luggage or goods in a restricted zone or to be driven into or within a prohibited zone in a transport interchange; "prescribed light signal" (订明管制灯号) means a light signal of the design, size, colour and type prescribed in Schedule 1 or as prescribed in Schedule 3 to the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.) and includes the yellow globe prescribed in Schedule 4 thereto; "prescribed road marking" (订明道路标记) means a road marking of the design, size, colour and type prescribed in Schedule 1 or as prescribed under the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.) or the Road Traffic (Public Service Vehicles) Regulations (Cap 374 sub. leg.); "prescribed traffic sign" (订明交通标志) means a traffic sign of the design, size, colour and type prescribed in Schedule 1 or as prescribed under the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.) or the Road Traffic (Public Service Vehicles) Regulations (Cap 374 sub. leg.); "proceeding" (法律程序) means proceedings before a magistrate under section 42 or 45; "prohibited zone" (禁区) means any area in the transport interchange designated by the Corporation by prescribed traffic signs or prescribed road markings into which and within which driving of any vehicle or any specified class or description of vehicle on specified days, during specified hours on any day, or during specified hours on any specified days are prohibited; "public light bus" (公共小巴) has the same meaning as in the Road Traffic Ordinance (Cap 374); "public light bus stand" (公共小巴站) means an area of road designated as a public light bus stand within which a public light bus may be parked or stand for the purpose of picking-up or setting-down of passengers; "registered address" (登记地址) means the address of a registered owner which appears, in respect of any motor vehicle registered in his name, in the register of vehicles maintained by the Commissioner under regulation 4(1) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.); "registered owner" (登记车主) means- (a) the person in whose name a motor vehicle is registered in accordance with the Road Traffic Ordinance (Cap 374); and (b) in relation to a motor vehicle to which a trade plate or permit issued under the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.) is affixed, the person to whom the relevant trade licence or permit is issued under those Regulations;"regulatory" (限制、具限制作用的) means, in relation to a prescribed traffic sign, prescribed road marking or prescribed light signal- (a) that which is contained in Schedule 1; or (b) that which the non-compliance thereof amounts to the commission of an offence under the Road Traffic Ordinance (Cap 374), the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.) or the Road Traffic (Public Service Vehicles) Regulations (Cap 374 sub. leg.);"restricted zone" (限制区) means any area in the transport interchange designated by the Corporation by prescribed traffic signs or prescribed road markings within which the driver of any vehicle or any specified class or description of vehicle is prohibited from- (a) picking-up or setting-down passengers; or (b) loading or unloading luggage or goods,on specified days, during specified hours on any day, or during specified hours on any specified days;"road marking" (道路标记) means a line, word, mark or device placed on, or set into, the surface of a road for conveying to persons using the road any warning, information, requirement, restriction, prohibition or direction and includes a road hump; "specified route" (指明路线) has the same meaning as in the Public Bus Services Ordinance (Cap 230); "sum adjudged to be paid" (被判决须付的款项) means any sum ordered by a magistrate to be paid in any proceedings and any costs awarded against the defendant under section 51(2)(a); "taxi" (的士) has the same meaning as in the Road Traffic Ordinance (Cap 374); "taxi bay" (的士候客位) means a single-occupancy bay within a taxi rank designated by prescribed traffic signs or prescribed road markings in which a taxi may stand or ply for hire or set down passengers; "taxi queue lane" (的士轮候车道) means a traffic lane designated by prescribed traffic signs, prescribed road markings or prescribed light signals in which taxis may queue-up for entry to a taxi rank; "taxi rank" (的士候客处) means an area comprising one or more taxi bays designated by prescribed traffic signs, prescribed road markings or prescribed light signals; "ticket" (停车票) means a ticket or card of any nature and description which is issued by or on behalf of or with the acknowledgement or consent of the Corporation for the purpose of use of a parking space in a car park; "traffic sign" (交通标志) means a sign, object or device for conveying to persons using a road any warning, information, requirement, restriction, prohibition or direction; "vehicle" (车辆) has the same meaning as in the Road Traffic Ordinance (Cap 374); "zebra controlled area" (斑马线控制区) has the same meaning as in the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.); "zebra crossing" (斑马线) means a crossing for pedestrians established on any road, the presence and limits of which are indicated in accordance with Schedule 4 to the Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg.). Cap 556D s 2 Application (1) This Bylaw applies to all persons and vehicles within a transport interchange the boundaries of which are delineated in certified plans deposited in the Land Registry in accordance with section 31 of the Ordinance. (13 of 2000 s. 64) (2) The Corporation shall place or cause to be placed an appropriate prescribed traffic sign of the type shown in- (a) Figure No. 1 in Schedule 1 at each vehicular entrance of the transport interchange; and (b) Figure No. 2 in Schedule 1 at each vehicular exit from the transport interchange.(3) Any vehicle or thing which is partly within the transport interchange shall, for the purposes of this Bylaw, be deemed to be within the transport interchange. Cap 556D s 3 Exemption from restrictions Nothing in this Bylaw shall apply- (a) so as to restrict the safe and convenient use of any vehicle in connection with any building operation, demolition, or excavation; the removal of any obstruction to traffic; the maintenance, improvement or reconstruction of any road; or the installation, alteration or repair of any sewer or any main, pipe or apparatus for the supply of gas, water or electricity, or of any telephone or wires, cables, parts or supports provided that the Corporation has approved the use of the vehicle for such purposes as aforesaid; or (b) to fire services vehicles, ambulances, police vehicles, custom and excise vehicles, immigration vehicles or vehicles used by the armed forces when any such vehicles are being used in the performance of their functions. Cap 556D s 4 Control of traffic PART II TRAFFIC CONTROL (1) The Corporation shall at all times, subject to this Bylaw and the payment by users of car parks, allow members of the public and all types of vehicles to enter and have access to the transport interchange for all lawful purposes freely and without payment. (2) All persons within the transport interchange are subject to the control and direction of any authorized person. Cap 556D s 5 Directions of authorized persons All persons within a transport interchange shall comply with any reasonable order, signal, requirement, instruction or direction given or made by an authorized person. Cap 556D s 6 Prescribed traffic sign, prescribed road marking and prescribed light signal (1) Unless otherwise directed by an authorized person, all persons within a transport interchange shall comply with all prescribed traffic signs, prescribed road markings and prescribed light signals erected, displayed or placed therein which are regulatory. (2) A prescribed traffic sign, prescribed road marking or prescribed light signal erected, displayed or placed in any part of the transport interchange shall cease to have any force, effect or validity under this Bylaw upon the same being covered, obliterated or removed by an authorized person. Cap 556D s 7 Pedestrians and safety (1) No person shall drive or cause or permit to be driven or cause to remain, a vehicle which will or is likely to endanger any person, vehicle or property within the transport interchange. (2) No pedestrian within a transport interchange shall- (a) cross a road- (i) within a zebra controlled area, otherwise than on a zebra crossing; (ii) within 15 metres of a light signal crossing otherwise than at the crossing where such lights operate; or (iii) in contravention of any direction given by an authorized person;(b) remain on a crossing longer than is necessary to pass over the crossing; or (c) climb over or through any kerbside fence or central reservation on to a carriageway.(3) Every pedestrian on a zebra crossing shall have precedence while on it over any vehicle and, if a pedestrian is on the zebra crossing before the vehicle or any part of it has come on to or over the zebra crossing, the driver of the vehicle shall accord precedence to such pedestrian: Provided that in the case of a zebra crossing on which there is a pedestrian refuge or central reservation the parts of the zebra crossing which are situated on each side of the pedestrian refuge or central reservation shall each be treated as a separate zebra crossing. (4) (a) The driver of a vehicle (hereinafter in this subsection referred to as the "approaching vehicle") while the vehicle or any part of it is in a zebra controlled area and is proceeding towards the zebra crossing shall not cause the approaching vehicle, or any part of it- (i) to pass ahead of the foremost part of another moving vehicle, being a vehicle proceeding in the same direction wholly or partly within that area; or (ii) to pass ahead of the foremost part of a stationary vehicle in the same part of the zebra controlled area as the approaching vehicle, which stationary vehicle is stopped wholly or partly within that area for the purpose of complying with subsection (3), unless he so passes to conform with a direction given by an authorized person. (b) For the purposes of this subsection- (i) the reference to another moving vehicle is, in a case where only one other vehicle is proceeding in the same direction in a zebra controlled area, a reference to that vehicle, and, in a case where more than one other vehicle is so proceeding, a reference to such one of those vehicles as is nearest to the zebra crossing; (ii) the reference to a stationary vehicle is, in a case where only one other vehicle is stopped for the purpose of complying with subsection (3), a reference to that vehicle and, in a case where more than one other vehicle is stopped for the purpose of complying with that subsection, a reference to such one of those vehicle as is nearest to the zebra crossing.(c) For the purposes of this subsection, in the case of a zebra crossing which is on a one way street, and on which there is a pedestrian refuge or central reservation, the parts of the zebra crossing which are situated on each side of the pedestrian refuge or central reservation shall each be treated as a separate zebra crossing. Cap 556D s 8 Control of prescribed traffic sign, prescribed road marking and prescribed light signal (1) No person, other than an authorized person, shall without the prior authorization of the Corporation erect, display or place or cause or permit to be erected, displayed or placed in any part of a transport interchange, any road marking, traffic sign or light signal which is of such similarity to a prescribed traffic sign, prescribed road marking or prescribed light signal that any person approaching it might reasonably mistake it for such. (2) Any authorized person may by notice or direction require any person who has erected, displayed or placed or caused or permitted to be erected, displayed or placed any traffic sign, road marking or light signal in contravention of subsection (1) to remove it and, if such person fails to comply with such notice or direction, the Corporation may cause the traffic sign, road marking or light signal to be removed or obliterated, as the case may be, and thereupon the sign, signal or marking and every attachment thereto shall be forfeited to the Corporation and the Corporation may recover from such person as a civil debt the cost of the removal or obliteration of the same and also the cost of any reinstatement of any property necessitated by such removal or obliteration. (3) No person, other than an authorized person, shall move, damage, obscure, deface, alter, obliterate or interfere in any manner with any prescribed traffic sign, prescribed road marking or prescribed light signal erected or displayed or placed by the Corporation within a transport interchange or part thereof. Cap 556D s 9 Repair of vehicles prohibited (1) No person shall in any part of a transport interchange (including in a car park) carry out on any vehicle any maintenance or repair, or be in any part of a transport interchange for the purposes of carrying out such maintenance or repair except with the approval of the Corporation or an authorized person. (2) It shall be a good defence to any proceedings under subsection (1) to prove that such maintenance or repair was of a minor nature and was necessary to enable the vehicle to be driven or removed from the transport interchange. Cap 556D s 10 Parking space PART III PARKING OUTSIDE CAR PARK (1) No person shall park any vehicle in any place or on any road within a transport interchange outside a car park- (a) other than in an appropriate parking space for use by that particular description, type or class of vehicle or for the use of a person or persons of any particular class during the specified period of time; (b) in contravention of any lawful directions given to him by an authorized person, or any prescribed traffic sign, prescribed road marking or prescribed light signal which is regulatory and erected, displayed or placed at or near the parking space; (c) in such a position or in such manner or in such condition or in such circumstances as to be likely to cause danger or obstruction to the Corporation or to other persons, vehicles or property within the transport interchange; (d) in the case of a trailer, unless the trailer is accompanied by and attached to a vehicle capable of drawing the trailer; or (e) other than as authorized by the conditions of issue of a pass issued in accordance with section 16.(2) No person shall park a vehicle in a parking space in such a manner that the vehicle unnecessarily projects over any line, sign or mark of a prescribed traffic sign or prescribed road marking which delineates the space in which the vehicle should properly be parked. (3) No person shall without reasonable excuse sound a warning instrument in a parking space. (4) No person in a parking space shall- (a) smoke; or (b) without reasonable excuse be in possession of any pass or replacement pass which is mutilated, defaced or altered.(5) No person shall, without lawful authority or reasonable excuse, get on to a vehicle, tamper with or interfere with a vehicle in a parking space. Cap 556D s 11 Car park PART IV CAR PARK (1) The Corporation may set aside and designate any place within a transport interchange for use as a car park and may in such manner as it thinks fit limit the use of any parking space in a car park or any part of a car park to vehicles of any description or of any particular type or class or allocate any parking space in a car park or any part of a car park for the use of any person or persons of any particular class and revoke or amend any such limitation or allocation. (2) The Corporation may, in such manner as it thinks fit, limit the hours or days during which vehicles of any description or of any particular type or class may enter or use or leave a car park and revoke or amend any such limitation. (3) An authorized person may refuse to allow any vehicle to enter a car park in contravention of any limitation imposed under subsection (1) or (2) as to the use of the car park. Cap 556D s 12 Traffic sign, road marking and light signal for car park The Corporation may erect, display or place or cause to be erected, displayed or placed at, on, within or immediately outside a car park but within the transport interchange such traffic signs, road markings or light signals as it considers necessary for the regulation and the guidance of parking and traffic therein, and in particular such traffic signs, road markings or light signals indicating the place where vehicles and persons may enter and leave the car park. Cap 556D s 13 Power of closure No person shall park any vehicle or cause or permit any vehicle to be parked or to remain in a car park or the relevant part thereof during any time when the car park or any part thereof is closed by a notice published by the Corporation and posted at the car park or the relevant part thereof prior to such closure. Cap 556D s 14 Offences by drivers inside car park (1) The driver of a vehicle in a car park shall comply with all lawful directions given to him by an authorized person. (2) Subject to subsection (1), the driver of a vehicle in a car park shall comply with all prescribed traffic signs, prescribed road markings and prescribed light signals erected, displayed or placed pursuant to section 12 which are regulatory. (3) No person shall without reasonable excuse sound a warning instrument in a car park. (4) No person shall park a vehicle in a car park in such a manner that the vehicle unnecessarily projects over any line or mark which delineates the parking space in which the vehicle should properly be parked. (5) No person shall park any vehicle or cause or permit any vehicle to be parked in a car park other than- (a) in an appropriate parking space for the parking of that particular description, type or class of vehicle during the specified period of time; or (b) in an appropriate parking space for the use of a person or persons of any particular class during the specified period of time.(6) No person shall park a vehicle in a car park in such a position or in such manner or in such condition or in such circumstances as to be likely to cause danger or obstruction to the Corporation or to other persons, vehicles or property within the transport interchange. (7) No person shall park a vehicle in a car park other than as authorized by the conditions of a pass or ticket issued in accordance with section 16. Cap 556D s 15 Offences inside car park (1) No person other than- (a) a person employed at a car park in the course of his duties; (b) a person driving a vehicle into a car park intending to park or a person entering a car park intending to remove a vehicle therefrom; (c) a passenger inside a vehicle which enters a car park for the purpose of parking or a person intending to leave the car park as a passenger in a vehicle; or (d) a person who reasonably requires to go to any part of a car park, shall enter a car park without the permission of an authorized person. (2) No person in a car park shall- (a) smoke; or (b) without reasonable excuse be in possession of any ticket or pass or replacement ticket or pass which is mutilated, defaced or altered.(3) No person shall, without lawful authority or reasonable excuse, get on to a vehicle, tamper with or interfere with a vehicle in a car park. (4) Except where a vehicle is removed under section 33, an authorized person may refuse to allow any vehicle to leave a car park if the parking fee incurred in respect of the vehicle is not paid, or if a valid ticket or a valid pass is not presented or inserted in the automatic equipment or otherwise used in accordance with this Bylaw. Cap 556D s 16 Issue of tickets and passes PART V TICKETS, PASSES AND PERMITS The Corporation shall have power either by itself or through other persons appointed by the Corporation on its behalf from time to time to issue tickets in connection with the use of car parks and parking spaces therein, and issue passes in connection with the use of parking spaces in the transport interchange, subject to such conditions of issue and this Bylaw in connection therewith. Cap 556D s 17 Pass (1) A pass issued under section 16 shall be in a form approved by the Corporation and there shall be entered in or on the pass- (a) the registration mark of the vehicle in respect of which it is valid for use; (b) the identification of the car park or the parking space in respect of which it is valid; (c) the period for which it is valid for use; and (d) such other particulars as the Corporation may think fit.(2) The Corporation may issue a pass under section 16 for such period as it may determine. (3) The issue of a pass under section 16 in respect of a vehicle shall not provide any guarantee that a parking space or any place intended for the parking of the vehicle in the car park in respect of which the pass is valid shall be available. (4) A vehicle in respect of which a pass is issued may be parked in any parking space or place intended for the parking of the vehicle in respect of which the pass is valid at any time during the period for which the pass shall remain valid but subject always to section 33(2)(b) and (c). (5) The driver of a vehicle in respect of which a valid pass has been issued in accordance with section 16 shall upon entry to and exit from the car park or parking at or removal of the vehicle from the parking space, where applicable- (a) produce the pass to an authorized person for inspection; (b) insert the pass in any automatic equipment used for the admittance of a vehicle to and exit from the car park or for parking at or removal of the vehicle from the parking space; (c) exhibit the pass in a prominent location in the windscreen of the vehicle; or (d) hold or display the pass in such manner as may be required by the conditions of issue of the pass. Cap 556D s 18 Ticket (1) The driver, to whom a valid ticket has been issued in accordance with section 16, shall retain the ticket and for the purpose of removal of the vehicle from the car park, the driver, or any other person who produces the ticket with the authorization of the driver or the owner thereof to remove the vehicle, shall present the ticket at such place and in such manner as shall be designated by the Corporation, at which place the ticket shall be marked with the time of presentation and the parking fee, calculated at the appropriate rate as may be prescribed by the Corporation from time to time, incurred between that time of presentation and the time of entry of the vehicle marked on the ticket and such person shall pay such fee before removing the vehicle from the car park. (2) After the person referred to in subsection (1) has paid the parking fee in accordance with the provisions of subsection (1), the vehicle shall be removed from the car park within 15 minutes after payment of the parking fee or as soon as is practicable thereafter, whichever is earlier. (3) If the vehicle is not removed from the car park within such period of the time pursuant to subsection (2), the driver shall not be permitted to remove the vehicle until a further payment at the appropriate rate prescribed by the Corporation from time to time shall have been paid in respect of all time in excess of such period of time pursuant to subsection (2) during which the vehicle has remained in the car park. (4) A vehicle in respect of which a ticket is issued may be parked in any parking space in a car park in respect of which the ticket is valid at any time but subject always to section 33(2)(c). Cap 556D s 19 Loss of ticket or pass If at any time a person wishes to remove a vehicle from a car park or parking space but is unable to produce a valid ticket or pass issued in respect of such vehicle, he may remove such vehicle if he satisfies an authorized person that he is authorized by the owner of the vehicle or by the person to whom the ticket or pass was issued to remove the vehicle, provided that he shall pay the fee for a replacement ticket or pass calculated at the appropriate rate as may be prescribed by the Corporation from time to time. Cap 556D s 20 Permit (1) The Corporation shall have power, either by itself or through other persons appointed by the Corporation on its behalf from time to time, to issue permits subject to such conditions of issue and this Bylaw in connection with the driving of vehicles into and within prohibited zones, picking-up or setting- down passengers or loading or unloading luggage or goods in restricted zones. (2) The driver of a vehicle in respect of which a valid permit has been issued in accordance with the provisions of subsection (1) shall prior to or upon entry into a prohibited zone or picking-up or setting-down passengers or loading or unloading luggage or goods in a restricted zone- (a) produce the permit to an authorized person for inspection; (b) exhibit the permit in a prominent location in the windscreen of the vehicle; (c) insert the permit in automatic equipment used for authorizing driving of the vehicle therein; or (d) hold or display the permit in such manner as may be required by the conditions of issue of the permit. Cap 556D s 21 Conditions of issue (1) All tickets, passes and permits issued by or on behalf of the Corporation are issued subject to this Bylaw and to the conditions of issue. (2) Any person to whom or on whose behalf a ticket, pass or permit is issued in respect of his vehicle or who otherwise acquires a ticket, pass or permit for a vehicle shall be deemed to have knowledge of and to have agreed to abide by this Bylaw and to the conditions of issue. Cap 556D s 22 Taxi rank, taxi bay and taxi queue lane PART VI FRANCHISED BUSES, PUBLIC LIGHT BUSES AND TAXIS (1) A taxi of a particular class, type or description may stand or ply for hire at a taxi bay within a taxi rank designated for that purpose by prescribed traffic signs, prescribed road markings or prescribed light signals. Unless otherwise directed by an authorized person, no other vehicle shall be driven into a taxi rank or taxi queue lane. (2) The driver of a taxi shall comply with all lawful directions given by an authorized person for the orderly operation of a taxi rank, taxi bay and taxi queue lane or any part thereof. (3) Subject to subsection (2), the driver of a taxi shall comply with all prescribed traffic signs, prescribed road markings and prescribed light signals which are regulatory and erected, displayed or placed for the orderly operation of a taxi rank, taxi bay and taxi queue lane or any part thereof. Cap 556D s 23 Bus stop (1) The area of road designated by prescribed traffic signs or prescribed road markings to be a bus stop may be restricted to a grantee or grantees or a specified route or routes. Unless otherwise directed by an authorized person, no vehicle other than a franchised bus may be parked at, set down or pick up passengers at any bus stop. (2) A grantee shall at the written request of the Corporation erect and maintain at its expense a sign, of a type approved by the Commissioner, at a bus stop to the satisfaction of the Corporation specifying the grantee and the relevant specified route or routes. (3) The driver of a franchised bus shall comply with all lawful directions given by an authorized person for the orderly operation of a bus stop. (4) Subject to subsection (3), the driver of a franchised bus shall comply with all prescribed traffic signs, prescribed road markings and prescribed light signals which are regulatory and erected, displayed or placed for the orderly operation of a bus stop. Cap 556D s 24 Public light bus stand (1) The area of road designated by prescribed traffic signs or prescribed road markings to be a public light bus stand may be restricted to a public light bus operator or operators or a public light bus route or routes. Unless otherwise directed by an authorized person, no vehicle other than a public light bus may be parked at, set down or pick up passengers at any public light bus stand. (2) A public light bus operator shall at the written request of the Corporation erect and maintain at its expense a sign at a public light bus stand to the satisfaction of the Corporation specifying the operator and the relevant route or routes. (3) The driver of a public light bus shall comply with all lawful directions given by an authorized person for the orderly operation of a public light bus stand. (4) Subject to subsection (3), the driver of a public light bus shall comply with all prescribed traffic signs, prescribed road markings and prescribed light signals which are regulatory and erected, displayed or placed for the orderly operation of a public light bus stand. Cap 556D s 25 Picking-up and setting-down of passengers (1) The driver of a franchised bus shall not stop to pick up or set down passengers within a transport interchange except at a bus stop or such other areas as may be designated by the Corporation or instructed by an authorized person. (2) The driver of a public light bus shall not stop to pick up or set down passengers within a transport interchange except at a public light bus stand or such other areas as may be designated by the Corporation or instructed by an authorized person. (3) The driver of a taxi shall not stop to pick up or set down passengers within a transport interchange except at a taxi bay or such other areas outside the restricted zones in the transport interchange permitted for those purposes or such other areas as may be designated by the Corporation or instructed by an authorized person. Cap 556D s 26 Conduct in taxi queue lane and at taxi rank and taxi bay (1) The driver of a taxi in a taxi queue lane designated for that purpose shall remain in his taxi and shall follow the taxi immediately preceding him to move to the front of such taxi queue lane. (2) Subject to subsection (4), the driver of a taxi shall comply with all prescribed traffic signs, prescribed road markings and prescribed light signals which are regulatory and erected, displayed or placed in the taxi queue lane, and shall stop in a taxi queue lane or move forward to the taxi rank in an orderly manner to be ready for hire immediately by any person. (3) No vehicle other than a taxi shall be driven into a taxi queue lane, taxi rank or taxi bay. (4) The driver of a taxi shall comply with the instructions of an authorized person to stop in the taxi queue lane or move forward to the taxi rank in an orderly manner to be ready for hire immediately by any person. (5) Unless instructed by an authorized person, a taxi shall not enter a vacant taxi bay other than from the front of a taxi queue lane. (6) The driver of every taxi waiting in or approaching a taxi queue lane shall move his taxi forward following the taxi immediately preceding him or otherwise leave the taxi queue lane immediately by such lane as may be provided for that purpose by prescribed traffic signs or prescribed road markings. (7) A taxi stopping at a taxi bay shall not unnecessarily project beyond the prescribed road markings. (8) If a person wishes to hire a taxi- (a) the person shall wait at or approach a taxi bay in an orderly manner and in accordance with such instructions as may be given by an authorized person; (b) the driver of a taxi at a taxi bay shall accept the hire; and (c) the driver of a taxi shall not accept the hire other than at a taxi bay.(9) The driver of a taxi shall not in any manner solicit, attract or endeavour to solicit or attract any person in order to induce such person to make use of the taxi other than by waiting at a taxi bay in compliance with subsection (8)(b). (10) The driver of a taxi shall not park his vehicle anywhere other than in a parking space designated by prescribed traffic signs or prescribed road markings for that purpose, provided that a taxi shall be deemed not to be parked for the purposes of this Bylaw when it is standing or plying for hire at a taxi bay. Cap 556D s 27 Restrictions on entry or use PART VII PROHIBITED ZONES AND RESTRICTED ZONES (1) No vehicle other than one of a particular description, type, or class, specifically exempted by prescribed traffic signs or prescribed road markings or issued with a permit under section 20(1), may- (a) drive into or within a prohibited zone in the transport interchange designated by prescribed traffic signs or prescribed road markings; or (b) stop to pick up or set down passengers, or loading or unloading luggage or goods in a restricted zone in the transport interchange designated by prescribed traffic signs or prescribed road markings.(2) Without prejudice to sections 23(2) and 24(2), an operator of any route or routes, vehicle or vehicles of particular description, type or class at a prohibited zone or restricted zone shall at the written request of the Corporation erect and maintain at its expense a sign as specified by the Corporation at the designated location in a prohibited zone or restricted zone specifying the relevant operator or operators and the relevant route or routes. (3) The driver of a vehicle shall comply with all lawful directions given by an authorized person for the orderly operation of a prohibited zone or restricted zone. (4) Subject to subsection (3), the driver of vehicle shall comply with all prescribed traffic signs, prescribed road markings and prescribed light signals which are regulatory and erected, displayed or placed for the orderly operation of a prohibited zone or a restricted zone. Cap 556D s 28 Mass Transit Railway By-laws PART VIII APPLICATION OF MASS TRANSIT RAILWAY BY-LAWS (1) The Mass Transit Railway By-laws (Cap 556 sub. leg.) shall not apply to the transport interchange except to the extent as is expressly stated or referred to and incorporated by subsection (2). (2) Parts IV, V, VII and VIII of the Mass Transit Railway By-laws (Cap 556 sub. leg.) shall be extended and shall, in so far as they are applicable and are not in conflict with this Bylaw, apply to all areas of a transport interchange. In the event of any conflict between this Bylaw and the Mass Transit Railway By-laws (Cap 556 sub. leg.), this Bylaw shall prevail. (3) In application of the parts of the Mass Transit Railway By-laws (Cap 556 sub. leg.) to the transport interchange referred to in subsection (2), the expression "railway premises" shall be construed to mean transport interchange whenever it appears. Cap 556D s 29 Obligation to stop, produce and supply information PART IX POWERS AND INFORMATION (1) Any person who is reasonably suspected by an authorized person of committing or having committed any offence prescribed in this Bylaw shall when requested to do so by such authorized person- (a) give to that authorized person true and correct particulars of his name and address and of his telephone number, if any, and produce proof to that effect for inspection; and (b) where relevant and applicable- (i) stop the vehicle forthwith, or proceed to any place within the transport interchange so ordered, directed or signalled by the authorized person and to stop thereat; (ii) produce to that authorized person his driving licence for inspection; and (iii) give the name and address of the registered owner of the vehicle to that authorized person where he is not the registered owner if that information is within his knowledge.(2) Any driver of a vehicle within a transport interchange shall upon the order, direction or signal of an authorized person given for the purpose of regulating vehicular and pedestrian traffic- (a) stop the vehicle forthwith; or (b) proceed to any place within a transport interchange so ordered, directed or signalled and to stop thereat.(3) The registered owner or any person suspected of being the driver of a vehicle which is used in connection with an alleged offence under this Bylaw or any other circumstances mentioned in this section or section 31(1), shall upon a request made by an authorized person, within 21 days after the date of the request, supply all information within his knowledge which will enable the Corporation to ascertain the name and address of the driver of the vehicle at the time of the alleged offence. (4) No person shall wilfully- (a) fail to comply with a requirement under subsection (1)(a) or (b)(iii) or (3); or (b) in complying or attempting to comply with a request under subsection (1)(a) or (b)(iii) or (3), give false particulars of the name, address or telephone number or particulars of the name, address or telephone number that are misleading in a material particular. Cap 556D s 30 Admission of statement If, in a prosecution for an offence under this Bylaw, there is produced to the court a statement which purports to have been signed by the accused person, was furnished in accordance with a request made to him under section 29(3) and states that the accused person was the driver of the vehicle at the time of the offence, the court shall admit the statement as prima facie evidence that the accused person was the driver of the vehicle at the time of the offence. Cap 556D s 31 Powers to inspect and detain (1) An authorized person may enter, examine and search a vehicle and anything therein or thereon if the authorized person reasonably suspects that vehicle or the owner or driver thereof is carrying dangerous goods referred to in the Dangerous Goods Ordinance (Cap 295). (2) Every authorized person shall have the power to detain (if necessary by the use of reasonable force) any person whom he reasonably suspects of having committed any offence of this Bylaw, or any vehicle which he reasonably suspects of having been involved in the commission of any offence of this Bylaw, without prejudice to any fee, charge or the removal or impounding of vehicle which may be imposed in accordance with this Bylaw, until he or it or both can be delivered into the custody of a police officer to be dealt with according to law. Cap 556D s 32 Wheel clamping of vehicles The Corporation or any authorized person may cause any vehicle which is parked or left in a transport interchange in contravention of any prescribed traffic sign, prescribed road marking or prescribed light signal which is regulatory or any direction given by an authorized person to be wheel-clamped or render immobilized by any mechanical device for that purpose until the contravention is removed and the owner or driver of the vehicle shall be liable to pay to the Corporation an impounding charge as may be determined in accordance with section 35 by the Corporation before release of the vehicle. Cap 556D s 33 Removal of vehicle (1) Any authorized person may move within any part or parts of a transport interchange or remove from a transport interchange any vehicle parked or left in a transport interchange which is in contravention of any prescribed traffic sign, prescribed road marking, or prescribed light signal which is regulatory or direction given by an authorized person or which in the opinion of the Corporation or of any authorized person constitutes a danger or an obstruction or renders it unsafe to any person, vehicle or thing within a transport interchange. (2) An authorized person may remove from a transport interchange any vehicle which has been parked or allowed to remain within the transport interchange- (a) in contravention of section 10(1), (2), 14(1), (2), (4), (5), (6) or (7); (b) in a parking space outside a car park for a continuous period of more than 24 hours; or (c) in a car park for a continuous period of more than 7 days unless the conditions of issue relevant to the ticket or pass for parking the vehicle otherwise allow. Cap 556D s 34 Detention and disposal of vehicle (1) Any vehicle which has been wheel-clamped or removed from a transport interchange under section 32 or section 33 may be detained by the Corporation unless there is paid to the Corporation in addition to any parking fee incurred an impounding charge aforesaid or a removal charge in such amount as the Corporation may determine in accordance with section 35 and a storage charge in such amount as the Corporation shall, without prejudice to the Corporation's right of detention in this section, determine in accordance with section 35 which shall amount to a civil debt due from the owner or driver of the vehicle to the Corporation. (2) When a vehicle is detained in accordance with subsection (1), the Corporation shall, if the name and address of its owner is known to it, give notice in writing to the owner of the detained vehicle, and if the vehicle is not claimed and the parking fee, impounding charge, removal charge and storage charge are not paid by the owner within three months of the date of its first detention, the Corporation may sell or dispose of the vehicle by public auction or otherwise and apply the proceeds, if any, from the sale or disposal of the vehicle- (a) in payment of any parking fees incurred in respect of the period during which the vehicle was parked or allowed to remain in a car park; (b) in payment of any impounding charge, removal charge, storage charge and cost, if any, incurred in respect of the sale by public auction of the vehicle; and (c) in payment of any administrative charges, costs and expenses as may be incurred by the Corporation, and any remaining balance shall be paid to the owner of the vehicle. If the owner does not make a claim before the expiry of 12 months from the date of the sale or disposal, any balance shall become the property of the Corporation. Cap 556D s 35 Determination and collection of charges (1) The Corporation may determine and vary from time to time the rate or rates of fees, charges and expenses provided for in sections 32 and 34 and shall display notices setting out the applicable fees, charges and expenses at an appropriate and prominent location or locations in the transport interchange as may be determined by the Corporation. (2) The Corporation may determine and vary the fees for using the car park and all the parking spaces therein and the charging method. (3) An authorized person shall have the power to collect from the person liable to any payment of fee, charge or expense provided for in this section. Cap 556D s 36 Approval of the Commissioner The Corporation shall obtain the prior approval of the Commissioner for the- (a) type of sign for erecting and maintaining by the grantee of a specified route or routes at the respective designated bus stop within a transport interchange; and (b) determining or varying impounding charges for the release of wheel-clamped vehicles and removal charges and storage charges for the release of unauthorized or illegally parked vehicles detained under this Bylaw. Cap 556D s 37 Fixed penalty PART X FIXED PENALTY A person who contravenes a section or subsection set out in column 1 in Part II of Schedule 2 is liable to pay a fixed penalty which shall be a sum equal to the fixed penalty set out in column 3 in Part II of Schedule 2. Cap 556D s 38 Liability of registered owner (1) The person liable for the fixed penalty under section 37 shall be the registered owner for the time being of the motor vehicle when the contravention is committed and the driver of the vehicle who commits the contravention. (2) In any proceedings for recovery of the fixed penalty- (a) it shall be a good defence for the registered owner to prove that, at the time the contravention was committed, the motor vehicle was taken and driven away without his consent by a person other than a driver employed by him or was stolen; (b) subject to subsection (1), it shall be no defence- (i) that the contravention was committed without the knowledge or consent of the registered owner; or (ii) that at the time the contravention was committed the motor vehicle was driven by or was in the charge of a person other than the registered owner. Cap 556D s 39 Notice of fixed penalty (1) If an authorized person has reasonable cause to believe that a contravention mentioned in section 37 is being or has been committed, he may give the registered owner of the vehicle concerned or the driver liable an opportunity to discharge his liability in respect of that contravention by payment of a fixed penalty. (2) For the purposes of subsection (1), notice in accordance with Form 1 of Schedule 3 shall be delivered personally to the person in charge of the vehicle or fixed on the vehicle. (3) If the fixed penalty is not paid within 21 days after the date in which a contravention is committed a notice in accordance with Form 2 of Schedule 3 shall be served on the person liable- (a) demanding payment of the fixed penalty; and (b) informing the person that if he wishes to dispute liability for the contravention he should so notify the Corporation.(4) Notwithstanding subsection (3), no notice shall be served under that subsection- (a) if the Corporation is of the opinion that no further proceedings should be taken in respect of the contravention; or (b) after the expiry of 6 months from the date of the commission of the contravention.(5) A notice under subsection (3) shall be valid if the name of the Corporation or an authorized person authorized by him is printed or signed thereon. (6) A notice under subsection (3) may be served by sending it by post- (a) where it is directed to a registered owner, to his registered address; or (b) where it is directed to a driver to the address where the driver normally works or resides.(7) A notice under subsection (3) shall be in such form as may be prescribed and shall state that the person liable is required- (a) to pay the fixed penalty; or (b) to notify the Corporation that he wishes to dispute liability for the contravention,within 10 days after the date of the notice. (8) A certificate of posting in accordance with Form 3 of Schedule 3 purporting to be signed by or for the Corporation shall be admitted in evidence without further proof on its production to the magistrate by the complainant and until the contrary is proved, it shall be presumed that- (a) the certificate is so signed; and (b) the notice under subsection (3) to which the certificate relates was duly served.(9) Notwithstanding subsection (2), the operation of this section or section 42 shall not be affected by a failure to comply with that subsection. Cap 556D s 40 Payment of fixed penalty (1) A person who receives a notice in Form 1 or 2 of Schedule 3 may pay the fixed penalty within the period of time stated in the notice- (a) by post, to the Director of Accounting Services, the Treasury, Immigration Tower, 7 Gloucester Road; or (b) personally or through his agent- (i) at the Revenue Branch of the Treasury or at any sub-treasury; (ii) at any magistracy; or (iii) at any District Office, specified in the notice.(2) A person who wishes to pay the fixed penalty in accordance with subsection (1) shall deliver the notice to which the payment relates together with the payment. (3) When any payment is made in accordance with this section, it shall be of the amount specified in the notice or, where payment is made in respect of more than 1 notice, of the total amounts specified in the notices. (4) A payment under subsection (1) shall not include, or form part of, an amount in respect of a matter other than a matter specified in the notice or notices. (5) Where any amount is paid otherwise than in accordance with this section, the Director of Accounting Services may return it to the payer. (6) Subject to subsection (5), the Director of Accounting Services shall, whenever practicable to do so, send to the person paying a fixed penalty a receipt for the payment. (7) Subject to section 49, no payment shall be accepted after the time prescribed in the notice served under section 39. Cap 556D s 41 Withdrawal of notice of fixed penalty (1) Where a notice under section 39(3) has been served on any person, the Corporation may, at any time before the commencement of any proceedings against that person in respect of the contravention specified in the notice and whether or not an order under section 42(2) has been applied for, but before such order is made, withdraw that notice, and may serve on that person a notice in writing informing him that the notice has been withdrawn. (2) Where a notice under section 39(3) had been withdrawn under this section and any sum of money has been paid pursuant to the notice, the Director of Accounting Services shall, on demand by the person on whom the notice was served, repay to that person the sum so paid. Cap 556D s 42 Recovery of fixed penalty (1) Where a person on whom a notice under section 39(3) has been served has notified the Corporation, in accordance with that notice, that he wishes to dispute liability, the matter shall be determined by a magistrate on complaint, in a summary way, in accordance with this Bylaw. (2) Where a person on whom a notice under section 39(3) has been served has not paid the fixed penalty and has not notified the Corporation, in accordance with that notice, that he wishes to dispute liability for the contravention, a magistrate shall, on an application which may be made in the absence of that person, order him to pay the fixed penalty, together with an additional penalty equal to the amount of the fixed penalty, within 14 days of being served with notice of the order. (3) Where an order is made under subsection (2), the magistrate shall cause notice of the order to be served on the person to whom it relates. (4) Notice of the order made under subsection (2) may be served by sending it by post- (a) where it is directed to a registered owner, to his registered address; or (b) where it is directed to a driver to the address where the driver normally works or resides.(5) In proceedings under subsection (1) or (2), the complaint or application shall be in the name of the Corporation but need not be signed. (6) The Corporation may appoint any person or class of persons to conduct the proceedings under subsections (1) and (2). Cap 556D s 43 Review of proceedings (1) Where a magistrate is satisfied that the notice mentioned in section 39(3) has not come to the personal notice of the person liable without any neglect by that person, the magistrate may, on an application of which reasonable notice has been given to the Corporation, rescind the order made under section 42(2) and- (a) if that person wishes to dispute liability for the contravention, order that the matter be determined in accordance with section 42(1); or (b) if he does not wish to dispute liability- (i) order him to pay the fixed penalty within 10 days of the order; and (ii) order that, if he fails to pay that fixed penalty within that period, he shall be liable to pay immediately that fixed penalty, together with an additional penalty equal to the amount of the fixed penalty.(2) An application under subsection (1) may be made in person or by counsel or solicitor and the magistrate, for the purpose of securing the attendance of witnesses and generally for conducting the proceedings, shall have all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap 227). (3) An application under subsection (1) shall be made within 14 days of the date which the magistrate is satisfied is the earliest date on which the order mentioned in section 42(2) came to the personal notice of the person to whom that order relates. (4) A magistrate may for good cause, on an application by the Corporation at any time, rescind any order for the payment of a fixed penalty and any other order made in the same proceedings. (5) Where a magistrate makes an order under subsection (1)(a), proceedings may be taken, notwithstanding section 26 of the Magistrates Ordinance (Cap 227), within 6 months from the date of that order. Cap 556D s 44 Service of summons (1) A summons issued in any proceedings under section 42(1) may, notwithstanding section 8(2) of the Magistrates Ordinance (Cap 227), be served by sending it by post- (a) where it is directed to a registered owner, to his registered address; or (b) where it is directed to a driver, to the address where the driver normally works or resides.(2) A certificate of posting in accordance with Form 4 of Schedule 3 purporting to be signed by or for the Corporation shall be admitted in evidence without further proof on its production to the magistrate by the complainant and, until the contrary is proved, it shall be presumed that- (a) the certificate is so signed; and (b) the summons under subsection (1) to which the certificate relates was duly served. Cap 556D s 45 Proceedings in the absence of the defendant (1) Where at the time and place appointed for the hearing or adjourned hearing of a complaint a person served with a summons under section 44(1) does not appear before the magistrate, the magistrate may, subject to subsection (2), proceed to the hearing of the complaint and adjudicate thereon as fully and effectually to all intents and purposes as if such person had personally appeared before him in obedience to the summons. (2) The magistrate shall not begin to hear the complaint in the absence of the defendant unless- (a) service is proved under section 44(2); or (b) the defendant has appeared on a previous occasion to answer to the complaint.(3) Notwithstanding section 44(2), for the purposes of subsection (2) a summons shall be deemed not to have been served unless service was effected within what is deemed by a magistrate to be a reasonable time before the time appointed in the summons for appearing thereto. Cap 556D s 46 Proof in proceedings under section 42 or 45 Notwithstanding any provisions of the Magistrates Ordinance (Cap 227), in any application under section 42(2) or in any proceedings under section 45 in the absence of the defendant, an order under section 42(2) shall be made upon, or the substance of the complaint may be proved by, the production by the applicant or complainant to the magistrate of- (a) a copy of the notice served under section 39(3) together with a certificate of posting under subsection (8) of that section; and (b) a certificate under section 50. Cap 556D s 47 Hearing of complaint (1) A defendant shall, if he is present at a hearing and does not admit the truth of a complaint, be forthwith required to state the nature of his defence and if he does not at that stage expressly put in issue any allegation of fact contained in a certificate produced under section 50 he shall not thereafter be permitted to dispute or adduce evidence to contradict any such fact contained in the certificate. (2) If a defendant has put in issue any allegation of fact in accordance with subsection (1), a magistrate may proceed to the hearing of the complaint and adjudicate thereon or may adjourn the proceedings and may issue a summons for the appearance of any witness. (3) Where a person served with a summons in proceedings under section 42(1) does not appear before the magistrate or, having appeared, offers no defence or a defence which is frivolous or vexatious, the magistrate shall order that person to pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty. (4) Where an order is made in proceedings under section 45, the magistrate shall cause notice of the order to be served on the defendant. (5) Notice of the order made in any proceedings under section 45 may be served by sending it by post- (a) where it is directed to a registered owner, to his registered address; or (b) where it is directed to a driver, to the address where the driver normally works or resides. Cap 556D s 48 Discontinuance of complaint The complainant may, without the leave of the magistrate, discontinue a complaint against a defendant at any stage of the proceedings on giving notice in writing to the defendant and to the magistrate concerned. Cap 556D s 49 Payment of fixed penalty after issue of summons (1) Notwithstanding that proceedings have been instituted against a person who has notified the Corporation in accordance with the notice served on him under section 39(3), that he wishes to dispute liability, the defendant may pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty in accordance with subsection (2), and, if at the same time the defendant also pays to the court the sum referred to in subsection (4) by way of costs, the proceedings shall thereupon terminate. (2) Payment under subsection (1) shall be made to any magistracy not later than 2 clear working days before the day specified in the summons for his appearance, and the summons shall be produced at the time of payment. (3) In subsection (2) the expression "clear working days" excludes the day specified in the summons for the appearance of the defendant and intervening public holidays. (4) The sum to be paid by way of costs for the purpose of subsection (1) shall be the same as the sum to be paid by way of costs for the purpose of section 20B of the Fixed Penalty (Traffic Contraventions) Ordinance (Cap 237). Cap 556D s 50 Evidence by certificate and presumptions A certificate in accordance with Form 5 of Schedule 3 stating- (a) that the person specified in it was at any particular time the registered owner or the driver, as the case may be of a particular vehicle; (b) that the address specified in it was at any particular time the registered address of such person or, in the case of a driver, the address where he normally worked or resided; and (c) that payment of the fixed penalty in respect of the contravention specified in any particular notice under section 39(3) was not made before the date specified in the certificate and, in the case of an application under section 42(2), that the person specified in it had not, before the date specified in the certificate, notified the Corporation that he wished to dispute liability for the contravention,and purporting to be signed by or for the Corporation shall be admitted in evidence without further proof on its production to the magistrate by the complainant or applicant and- (i) until the contrary is proved, it shall be presumed that the certificate is so signed; (ii) the certificate shall be prima facie evidence of the facts stated therein. Cap 556D s 51 Other court orders at conclusion of proceedings (1) If at the conclusion of any proceedings a complaint is dismissed, the magistrate may at the same time make an order for the payment of costs by the complainant of a sum as referred to in subsection (9). (2) If at the conclusion of any proceedings an order for payment of the fixed penalty either with or without an additional penalty is made, the magistrate- (a) may at the same time make an order for the payment of costs by the defendant of a sum as referred to in subsection (9); and (b) shall at the same time make an order directing the Commissioner, for so long as the defendant fails to pay the sum adjudged to be paid- (i) to refuse to issue a driving licence to the defendant or to refuse to renew his driving licence; and (ii) in respect of any motor vehicle of which the defendant is the registered owner, to take no action under regulation 17(3), (4), (4A) or (5) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.) on receipt of any notice of transfer of ownership of the motor vehicle and to refuse to license the motor vehicle under regulation 21(3), (5) or (6) of those Regulations.(3) An order under subsection (2)(a) shall specify- (a) the name of the defendant; (b) the sum adjudged to be paid.(4) Where an order under subsection (2)(b) is made, the magistrate shall cause notice of the order to be sent to the Commissioner if the sum adjudged to be paid is not paid within 24 hours of the making of the order. (5) An order under subsection (2)(b) shall cease to have effect if the defendant produces to the Commissioner a receipt or other evidence to prove that the sum adjudged to be paid has been paid. (6) An order under subsection (2)(b)(ii) shall cease to have effect if the defendant sells or otherwise disposes of the motor vehicle and the new owner of the motor vehicle is, at the time of delivery of notice of transfer of ownership under regulation 17 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.), in possession of a valid certificate issued by the Commissioner in accordance with the form prescribed by the Commissioner from time to time to the effect that no notice of a valid order under subsection (2)(b)(ii) appears in the records of the Commissioner in respect of the motor vehicle. (7) An application for a certificate under subsection (6) shall be made to the Commissioner and shall be in accord
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